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' City of Everett 00 7200 - 9 <br /> Diversion Dam Road Phase 3 UT 3707 & UT 3708 <br /> ' 2.5. CONTRACTOR'S COPIES OF CONTRACT DOCUMENTS <br /> The Contractor shall keep at the construction site at least one set of Contract Documents and <br /> one set of full-size Drawings that shall be available to the Owner's Representative and Owner. <br /> ' 3. OWNER <br /> ' 3.1. GENERAL <br /> The Owner, and the Owner's Representative, shall have the authority to act as the sole judge of <br /> the Work, Equipment and materials with respect to both quantity and quality as set forth in the <br /> ' Contract. It is expressly stipulated that the Drawings, Specifications and other Contract <br /> Documents set forth the requirements as to the nature of the completed Work and do not <br /> purport to control the method of performing Work except in those instances where the nature of <br /> the completed Work is dependent on the method of performance. <br /> ' The Owner has the authority to act, do, perform, and make any all decisions and actions <br /> authorized by the Contract Documents, including, but not limited to, Change Orders, progress <br /> payments, Contract decisions, acceptability of the Contractor's Work, and early possession. <br /> The Owner has the authority to accept or reject requests for progress payments that have been <br /> submitted by the Contractor and recommended by the Owner's Representative. The Owner has <br /> the authority to make determinations of the acceptability of the Work. The Owner also has the <br /> authority to accept or reject the Owner's Representative's recommendations regarding retention <br /> of defective Work. <br /> 3.2. OWNER'S REPRESENTATIVE <br /> ' The Owner's Representative shall be satisfied that all the Work is being done in accordance <br /> with the requirements of the Contract. The Contract and Specifications give the Owner's <br /> Representative authority over the administration of the Contract. Whenever it is so provided in <br /> this Contract, the decision of the Owner's Representative shall be final. <br /> The Owner's Representative's decisions will be final on all questions including but not limited to, <br /> ' unless specifically assigned to an Architect or Engineer, the following: <br /> 1. Measurement of Work, whether lump sum, Force Account, or unit price; <br /> 2. Acceptability of rates of progress on the Work; <br /> ' 3. Interpretation of Drawings and Specifications with regard to administrative matters; <br /> 4. Determination as to the existence of changed or differing site conditions; <br /> ' 5. Fulfillment of the Contract by the Contractor; <br /> 6. Payments under the Contract including adjustment and; <br /> ' 7. Suspension(s) of Work. <br /> If the Contractor fails to respond promptly to the requirements of the Contract or orders from the <br /> Owner's Representative: <br /> ' 1. The Owner's Representative may use the Owner's resources, other contractors, or other <br /> means to accomplish the Work, and <br /> 2. The Owner will not be obligated to pay the Contractor, and will deduct from the <br /> ' Contractor's payments, any costs that result when any other means are used to carry <br /> out the Contract requirements or Owner's Representative's orders. <br /> At the Contractor's risk, the Owner's Representative may suspend all or part of the Work if: <br /> ' 1. The Contractor fails to fulfill Contract terms, to carry out the Owner's Representative's <br /> orders, or to correct unsafe conditions of any nature; or <br /> ' 00 7200-9 GENERAL CONDITIONS <br />